BEFORE YOU CHOOSE THE “AGREE AND PURCHASE CLOUD SERVICES” BUTTON AT THE BOTTOM OF THIS WINDOW, CAREFULLY READ THE DISCLAIMER BELOW.
REMOTE ACCESS SUPPORT SERVICES DISCLAIMER
ACCEPTING THE TERMS (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND/OR YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THE DISCLAIMER BELOW; AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS DISCLAIMER. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE DISCLAIMER, OR DO NOT REPRESENT THE FOREGOING, YOU WILL NOT AND MAY NOT RECEIVE REMOTE ACCESS SUPPORT SERVICES FROM INSTAT RESEARCH LLC (“IR”).
THIS DISCLAIMER IS SUBJECT TO THE TERMS OF THE IR CLOUD SERVICES END USER LICENSE AGREEMENT (EULA) ( Cloud Services EULA ). THE CAPITALIZED TERMS IN THIS AGREEMENT ARE CONSISTENT WITH THEIR DEFINITIONS AS FOUND IN THE IR EULA.
Remote access support services are provided at your sole risk. IR’s assistance is provided on the following terms and conditions: You have requested maintenance by IR through a remote connection to your licensed Software Product, using your Software Product log-in credentials. The ability for IR to remotely access your Software Product significantly enhances IR’s ability to monitor the functionality and performance of the Software Product, as well as diagnose and correct related issues. You understand that by authorizing remote access support services, you will be providing IR personnel with permission to access and monitor your Software Product for the sole purposes of (1) ensuring proper functionality and performance of the Software Product; and (2) making necessary adjustments to the Software Product for resumption of proper functionality and performance. IR will take all necessary steps to log out of your Software Product after each scheduled remote access. You are individually responsible for ensuring that your Software Product is logged out between your personal usages. In your authorizing remote access to IR for performance of support services, IR will at no time be permitted to change, alter, influence, or otherwise affect your individual data, including trading data, whether within the Software Product or otherwise. Furthermore, IR will at no time make any copies or downloads of your files, or to retain any information accessed through your Software Product, without your prior written consent.
IR’S LIABILITY AND THE LIABILITY OF ITS VENDORS AND LICENSORS SHALL BE LIMITED TO THE TOTAL VALUE OF THE IR REMOTE ACCESS SUPPORT SERVICES, NOT TO EXCEED THE LIMITATION OF LIABILITY IN YOUR CURRENT EULA. IR AND ITS VENDORS AND LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH REGARD TO THE SUPPORT SERVICES PROVIDED HEREUNDER. IR AND ITS VENDORS AND LICENSORS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SUPPORT SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL IR OR ITS VENDORS OR LICENSORS BE LIABLE FOR (i) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF REMOTE ACCESS SERVICES.